Chương II Thông tư 11/2015/TT-BXD: Quy định việc cấp chứng chỉ hành nghề môi giới bất động sản

Chapter II

REGULATIONS ON THE ISSUANCE OF REAL ESTATE BROKER LICENSE

Section 1: ORGANIZATION OF THE REAL ESTATE BROKER’S KNOWLEDGE TESTING EXAMINATION

Article 3. Methods of organizing the examination for testing and granting real estate broker license

1. The construction departments of provinces or central-affiliated cities are responsible for organizing the testing examination (hereinafter referred to as the examination) and granting broker license.

2. The construction department shall organize the examination under one of the following forms:

a) The construction department may directly organize the examination: a functional unit of the construction department shall be assigned to hold the examination;

b) The construction department may authorize one of the following competent agencies or units to hold the examination (hereinafter referred to as the examination organization unit): the Vietnam National Real Estate Association, the Real Estate Associations of provinces (or cities), the Vietnam Association of Realtors or the training facilities certified by the Ministry of Construction with being a qualified unit for training and improving knowledge of real estate brokerage practice.

3. Annually, the provincial construction department shall receive the candidate’s application for testing (according to the form stated in Annex 1 of this Circular) as of the 01^st of January. The construction department shall base on the number of registered candidates and actual conditions of that province to hold the examination.

4. Annually, the construction department shall organize at least 01 examination depending on the number of registered candidates (at least 10 candidates required for each examination).

As for unsuccessful examination due to unsatisfactoriness of required number of candidates (less than 10 candidates), if the registered candidates want to attend the examination held by another board of examiners, the construction department shall send an official dispatch on transferring those candidates to such board of examiners.

5. Within at least 30 days prior to the organization of the examination, the construction department shall publish on its website the plan for the examination organization, requirements and application for attendance, time, location and other necessary information relating to the examination.

6. Examination fees:

a) The examinees must pay the examination fees to the examination organization unit;

b) The Director of the construction department shall, basing on the number of registered candidates and proposal of the Chairperson of the board of examiners, decide the rate of the examination fees for covering the examination expenditures;

c) The examination organization unit shall spend the examination fees on the examination activities and payment of remuneration for members of the board of examiners. Accounting of the examination fees must be approved by the Chairperson of the board of examiners.

Article 4. The board of examiners for testing and granting real estate broker license (hereinafter referred to the board of examiners)

1. The construction department makes decision of establishment of the board of examiners for each examination. The board of examiners includes 05 members and more, including:

a) The Chairperson of the board of examiners who is the leader of the construction department;

b) The members of the board of examiners include: the representatives of the real estate market management division and other functional divisions of the construction department or the examination organization unit; the representatives of the Real Estate Association and Vietnam Association of Realtors (if any); lecturers of the training facilities certified by the Ministry of Construction; specialists of the real estate brokerage services enterprises and the real estate trading floor and other experts (if any).

2. The board of examiners shall direct and inspect the organization of the examination executed by the examination organization unit in accordance with the approved plan and the laws.

3. Rights and responsibilities of the Chairperson of the board of examiners:

a) Approve the plan for the organization of the examination, the examination rules, the examination questions and answers submitted by the examination organization unit;

b) Check the estimate for the examination expenditures and the rate of examination fees paid by the candidates which is prepared by the examination organization unit, and submit it to the Director of construction department for approval;

c) Approve the exam results including the list of successful candidates and that of unsuccessful candidates;

d) Report to the Director of construction department on the examination organizing process;

dd) Direct the examination organizing process and bear responsibilities before the Director of construction department and the laws for the exam results;

e) Approve the accounting of the examination expenditures prepared by the examination organization unit.

4. The members of the board of examiners shall directly participate in all activities of the examination, work under the assignment of the Chairperson of the board of examiners, are paid with remuneration and bear responsibilities before the Chairperson of the board of examiners for their assigned duties.

Article 5. Duties and rights of the examination organization unit

1. Prepare and submit the plan for organizing the examination and examination rules to the Chairperson of the board of examiners for approval;

2. Prepare the estimate for the examination expenditures and the estimated rate of the examination fees provided that it must cover the examination expenses and comply with the state policies and submit it to the Chairperson of the board of examiners for obtaining the approval from the Director of the construction department.

3. Compile the set of exam questions and answers for each examination as guided in this Circular and submit it to the Chairperson of the board of examiners for approval. Expenses for compiling the set of exam questions and answers shall be included in the examination expenditures.

4. Receive and check the applications, and prepare the lists of qualified and unqualified candidates;

5. Organize and invigilate the examination, mark the exam papers under the direct management of the Chairperson and the members of the board of examiners according to the plan approved by the Director of the construction department.

6. Reexamine the exam results at the candidate's request as prescribed.

7. Aggregate and submit the exam results to the Chairperson of the board of examiners for approval, including the reports on the examination organizing process; the list of successful candidates and the list of unsuccessful candidates.

8. Send 01 set of records of successful candidate as stipulated in Article 10 of this Circular to the construction department for granting broker license.

9. Bear responsibilities before the Chairperson of the board of examiners, the Director of the construction department and the laws for the entire examination organizing process and the exam results.

Article 6. The exam contents and questions

1. The examinee for the broker license is required to take the examination on the following contents, except for cases stipulated in Clause 2 of this Article.

The subjects of fundamental knowledge include:

- Law on real estate trading;

- Real estate market;

- Real estate investment;

- Anti-money laundering in real estate trading.

b) The subjects of professional knowledge include:

- Overview of real estate brokerage services;

- Real estate brokerage processes and skills;

- Resolution of a case study.

2. The candidate who holds an unexpired broker license granted by foreign authorities and the applicant for re-issuance of the broker license in substitute of his/her expired license are required to take the examination on fundamental knowledge and exempt from the examination on professional knowledge.

3. The examination organization unit shall compile and submit the set of exam questions and answers to the Chairperson of the board of examiners for approval.

4. The set of exam questions and answers shall be complied as guided in Annex 2 of this Circular. The exam questions must be inconformity with the contents of the framework program of training knowledge of real estate brokerage practice.

5. The set of exam questions shall b treated as confidential.

Article 7. Form, duration and language of the examination

1. The form and duration of the examination:

Fundamental knowledge: Take a written test or multiple choice tests or the combination of the two aforesaid forms. Examination duration: 120 minutes.

b) Professional knowledge: Take a written test or multiple choice tests or the combination of the two aforesaid forms. Examination duration: 120 minutes.

2. Examination language: Vietnamese language (the foreign candidate can be assisted by an interpreter).

Article 8. Candidates

The candidates include Vietnamese citizens, overseas Vietnamese and foreigners who are eligible for the examination as prescribed in Article 9 and Article 10 of this Circular.

Article 9. The examination requirements

The candidates must satisfy the following requirements:

1. Having full capacity of civil acts and being not investigated for criminal liability or under a prison sentence;

2. Having high-school diploma or higher;

3. Having submitted the application and paid the examination fees to the examination organization unit as prescribed in this Circular.

Article 10. The application for the examination

1. 01 application form with a 4x6cm color picture taken within 06 months prior to the application for examination (using the form stated in Annex 1 of this Circular);

2. 01 certified copy of ID Card (if the candidate is a Vietnamese citizen) or Passport (if the candidate is a foreigner) (or the copy enclosed with its original for comparison).

3. 01 certified copy of Certificate of completion of a real estate brokerage training course (if any);

4. Certified copy of high-school diploma (or equivalent) or;

5. 02 4x6cm color pictures taken within 06 month prior to the application for examination and 02 envelops having stamps and specifying the full name, telephone number and address of the receiver;

6. Certified copy and translation of broker license issued by foreign competent authorities (if the candidate is a foreigner or Vietnamese holder of unexpired broker incense issued by foreign competent authorities).

Article 11. Registration for examination

1. The applicant for broker license may register for taking the examination nationwide.

2. Annually, the applicant for broker license may submit the application for examination as prescribed in Clause 3 Article 3 of this Circular.

3. Before each examination is organized, each candidate shall directly submit 02 sets of the application as prescribed in Article 10 and pay the examination fees to the examination organization unit (01 set is filed at the examination organization unit and the other is sent to the construction department for granting broker license). Deadline and location for submitting the application are performed as notified by the construction department or the examination organization unit.

Article 12. Passed exam papers

1. An exam paper is considered as passed if the following conditions are satisfied:

a) Taking at least 70 marks of fundamental knowledge (out of 100);

b) Taking at least 70 marks of professional knowledge (out of 100);

2. The candidate who has the passed exam paper as prescribed in Clause 1 of this Article is eligible for the broker license issued by the Director of construction department.

Article 13. Approval and publishing of exam results

1. Basing on results of marking exam papers, the Chairperson of the board of examiners shall approve the results of each examination.

2. The exam results shall be published at the examination organization unit and on the website of the construction department.

3. Within 10 days as of the date on which the exam results are published, if any candidate wants to ask for re-examination, he/she must submit the application to the examination organization unit. The board of examiners shall organize the re-examination and submit additional list of successful candidates to the Director of construction department for approval.

4. Within 20 days as of the date on which the exam results are published, the examination organization unit shall organize a resit for unsuccessful candidates. The unsuccessful candidate is required to take the resit on failed part of knowledge only. Only one resit is organized and the candidates shall not pay the resit fees.

Article 14. Retention of documents

1. The examination organization unit shall retain documents and materials relating to the testing examination as follows:

a) The following documents shall be retained within 05 years

- Documents relating to the organization of examination: Decision on approving the examination organization unit; decision on establishment of the board of examiners; the exam rules; the questions and answers of each exam subject; the list of invigilators;

- Documents relating to the assessment of exam papers: The list of candidates and the list of examiners;

- The candidates’ exam papers;

- Documents of candidates who are qualified for the examination;

- Summation of the exam results and the summation of reexamination results (if any) of each subject.

b) Documents of unsuccessful candidates and those of candidates who are absent from the examination shall be retained within 03 years.

2. The construction department shall retain documents of the license holders within 10 years as of the date of issuance.

Section 2: ISSUANCE OF REAL ESTATE BROKER LICENSE

Article 15. Issuance of real estate broker license

1. A broker license shall be granted to the candidate who has been given with passed marks as prescribed in Article 12 and sufficiently submitted the application as prescribed in Article 10 of this Circular.

2. Order for issuance of broker license:

a) The Chairperson of the board of examiners shall submit reports to the Director of construction department on the examination organizing process and approve the exam results at the request of the examination organization unit;

b) Basing on the reports and the approved exam results submitted by the Chairperson of the board of examiners, the Director of construction department shall approve the list of individuals who are eligible for the broker licenses (using the form stated in Annex 3a of this Circular).

c) Basing on the approved list of individuals who are eligible for the broker licenses, the examination organization unit shall send the photocopies of exam papers and records of those individuals to the construction department for granting broker licenses.

Within 10 working days as of receiving date of valid records, the construction department shall sign the issuance of broker licenses.

d) The construction department shall retain records of the license holders as stipulated in Clause 2 Article 14 of this Circular.

3. The license holder shall pay VND 200,000 of the fees for issuing the broker license at the construction department when he/she receives his/her broker license. The construction department shall spend this collection in accordance with the law on costs and fees.

4. The broker license is valid nationwide within 05 years as of the date of issuance.

5. Form of broker license shall apply Annex 4a of this Circular.

6. The individual may receive his/her broker license at the construction department or the examination organization unit. Failing in direct receipt of broker license, such broker license shall be sent to the holder by post.

7. The license holder must comply with the following provisions:

a) Not to change or erase the license contents;

b) Not to lease, lend or authorise any organization or individual to use the name and the broker license to conduct any real estate brokerage activities;

c) Not to use the broker license for any illegal purpose.

8. Upon an end of each examination for testing and granting broker license, the construction department shall submit reports to the Ministry of Construction on the examination organizing situation and the list of license holders; and publish the list of license holders on its website (using the form stated in Annex 3b of this Circular).

9. Annually, the provincial construction department shall submit reports to the Ministry of Construction on issuing results of broker license ahead of the 15^th of December.

Article 16. Re-issuance of the real estate broker license

1. If the broker license is lost, torn, fired or destroyed by the act of God or the force majeure, the holder can apply for the reissuance.

2. The application for re-issuance of broker license is submitted to the construction department issuing the former license, including:

a) The application form for re-issuance of broker license with picture (using the form stated in Annex 5 of this Circular);

b) 02 4x6cm pictures taken within 06 months prior to the submission of application;

c) Former broker license (if any).

3. Within 10 working days as of the receiving date of valid application as prescribed in Clause 2 of this Article, the construction department shall check the application and re-issue the broker license (the word “re-issuance” shall be stated in the re-issued broker license).

4. The applicant for re-issuance shall only pay VND 200,000 (two hundred thousand dongs) to the construction department to carry out re-issuance affairs.

5. The broker license is once re-issued and the license number is the old one. The re-issued license is valid within 05 years as of the issued date of the former license (using the form stated in Annex 4b of this Circular).

Article 17. Regulations on expired license

1. The holder of an expired broker license is not allowed to practice in real estate brokerage.

2. The holder of an expired or expiring license must attend a testing examination for re-issuance of license in accordance with the following provisions:

a) If the applicant submits the application for examination to the authorities issuing former broker license, he/she shall only take the examination on fundamental knowledge as prescribed in this Circular for reissuance of broker license, the number of the r-issued license shall be the same with the old one and the phrases “second issuance" or "third issuance" must be specified at page 01 of the re-issued license (using the form stated in Annex 4c of this Circular);

b) If the applicant submits the application for examination to other authorities, he/she must carry out procedures for the examination as those for a new license but only take examination on fundamental knowledge.

3. The application includes:

a) The application stated in Article 10 of this Circular;

b) The former broker license (original), applicable to the expired license, or certified copy of the expiring license.

4. The registration for examination is performed as prescribed in Article 11 of this Circular.

5. Basing on actual situation, the construction department shall hold a separate examination for the holders of expired licenses or arrange them to take the examination together with the candidates for new licenses.

Article 18. Revocation of real estate broker license

1. The real estate broker license shall be revoked in the following cases:

a) The license holder has lost his/her capacity for civil acts;

b) The license holder has declared deceitful information in his/her application;

c) The broker license is erased or altered;

d) The broker license is lent or leased to another person;

dd) The license holder has violated the principles of practice as stipulated in the Law on real estate trading and the contents specified in the license;

e) The license holder has violation acts resulting in his/her license revoked as stipulated by the laws.

2. The broker license is revoked by the construction department issuing such broker license. If it is revoked by other competent agencies in accordance with the laws, a written notice shall be sent to the construction department issuing such broker license for knowing and implementing as prescribed in Clause 4 of this Article.

3. The person whose license is revoked can not ask for reissuance of broker license within 05 years as of the issuing date of decision on license revocation.

4. After the decision on license revocation is granted, the construction department issuing such broker license shall notify the license holder to resubmit his/her license. The construction department shall publish the name of the person whose broker license is revoked on the mass media and on its website and delete such name from the website of the construction department.